WISEMAN v. DIAZ et al
| JOHN WISEMAN |
| Digital-1, Inc. and EDWIN DIAZ |
| 0:2020cv60365 |
| February 19, 2020 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Patrick M Hunt |
| Robert N Scola |
| Lurana S Snow |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
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Filing 14
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Patrick M. Hunt added. Magistrate Judge Lurana S. Snow no longer assigned to case. Signed by Magistrate Judge Lurana S. Snow on 4/2/2020. See attached document for full details. (bms)
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Filing 13
ORDER Consolidating Cases. Case numbers 20-CV-60360-RKA and 20-CV-60365-RKA are hereby CONSOLIDATED into Case No. 20-CV-60360-RKA. Case No. 20-CV-60365-RKA shall be administratively CLOSED. All future filings in this matter shall be made under Wiseman v. Diaz, No. 20-CV-60360-RKA. Signed by Judge Roy K. Altman on 4/2/2020. See attached document for full details. Associated Cases: 0:20-cv-60360-RKA, 0:20-cv-60365-RKA (kpe)
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| Civil Case Terminated per DE #13 Order. Closing Case. (kpe) |
| Cases associated. (kpe) |
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Filing 12
Tranfer Order to Judge Roy K. Altman for all further proceedings, accepted and signed on 4/1/2020. Judge Robert N. Scola, Jr no longer assigned to case. Signed by Judge Robert N. Scola, Jr on 4/1/2020. See attached document for full details. (kpe)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re 10 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,, by JOHN WISEMAN. (Lubliner, Richard) |
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Filing 10
PAPERLESS ORDER: The Court orders the Plaintiff to show cause why this case should not be dismissed as duplicative of an earlier-filed case, currently pending before United States District Court Judge Roy K. Altman under case number 20-cv-60360-RKA. It appears this case necessarily relies on the same nucleus of operative facts as those presented in the case before Judge Altman. As such, it appears this case should be dismissed. Georgia ex. rel. Olens v. McCarthy, 833 F.3d 1317, 1321 (11th Cir. 2016) (noting "federal courts are afforded broad discretion in determining whether to stay or dismiss litigation in order to avoid duplicating a proceeding already pending in another federal court") (internal quotations omitted).The Court, therefore, orders the Plaintiff to file either (1) a notice or a stipulation of dismissal of this case or (2) a response to this order to show cause, on or before March 30, 2020. In the meantime, the Court directs the Clerk to administratively close this case. If the order to show cause is ultimately discharged, the Court will reopen this case and direct the Defendant to respond accordingly. As a result, the Court denies as moot #9 the Defendant's motion for an extension of time to respond to the complaint. If the Plaintiff fails to timely or adequately respond to this order, the Court may dismiss this case. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by EDWIN DIAZ. (Attachments: #1 Text of Proposed Order)(Mullin, John) |
| Filing 8 NOTICE of Attorney Appearance by Ryan H. Lehrer on behalf of EDWIN DIAZ. Attorney Ryan H. Lehrer added to party EDWIN DIAZ(pty:dft). (Lehrer, Ryan) |
| Filing 7 NOTICE of Attorney Appearance by John Martin Mullin on behalf of EDWIN DIAZ. Attorney John Martin Mullin added to party EDWIN DIAZ(pty:dft). (Mullin, John) |
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Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 3/5/2020. (jz)
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Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge, ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow. Signed by Judge Robert N. Scola, Jr on 2/27/2020. See attached document for full details. (jbs)
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| Filing 4 NOTICE by JOHN WISEMAN re #1 Complaint (Attachments: #1 Exhibit A) (Lubliner, Richard) |
| Filing 3 Summons Issued as to EDWIN DIAZ. (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) |
| Filing 1 COMPLAINT against Diaz. Filing fees $ 400.00 receipt number AFLSDC-12475481, filed by JOHN WISEMAN. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Lubliner, Richard) Modified text on 2/19/2020 (jbs). |
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